Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-05-20
Circuit Court.

Ihis court is In SESSION Judge " ID.
Mclaughlin, presiding. The following
business has been transacted since the
term began:
Suits against Railroad ConaDanies.-B
J. McCulloch VS.. G. & 0. R'y, $1,000 DAM
ages claimed for election of plaintiff from
the cars. Verdict for 5000. This was case
where the plaintiff had purchased ticket
from Culpeper to Fort Spring on the 18th
of November, limited in time to u O'Clock
on the night of the 10th of November,
which limit was not communicated to
him by the officials. He entered the train
on the evening of the Goth and was ejec-
ted after IL O'Clock on the night OF the
Goth. Court held that having purchased
a ticket. as he supposed, chat would carry
him to his destination and entered the
train before 1t expired, the company were
bound to carry him to his desti nation and
were liable in damages for his expulsion.
1t was case of first impression and the
first of the sort decided in Virginia. White
& Gordon for plaintiffs; R. l.. Parrish for
defendants.
w. II. Halk's Admir- 0s. G. & o. Ry.
$4,000 damages claimed for Halk's death
at Brand station. Verdict for defendant.
Harrison & Tucker for plaintiff; r. l..
Parrish for defendant.
Jos. Pelter Us. b. & o. Ry. $500 dam
ages claimed for killing cattle. Verdict
for $92. J. M. Quarles for plaintiff;
Sheffey & Bumgardner for defendant.
Breach OF Contract. 7. Smith OF
Nelson Co. Us. West & Subjects. $4,000
damages claimed for breach of contract.
Verdict for, 500 and costs. Hudson &
Patrick for pieintiff; A. G. Gordon and
A. G. Braxton fo>5efendants.
Clinedinst Dc BodeGs cases. In the II
cases against Clinedinst & 2odell with j..
K. McComb as endorser. the defendant
pleaded nil debit and non est .factu,a, and
they were continued till next term.
Priority on Verbal Acceptance.-J. w.
King Us. W. F. Summerson for $105, on
verbal acceptance of an order. Verdict
for plaintiff for sum claimed. In this case
defendant had verbally accepted an order
of II. J. Rodgers in favor of plaintiff for
sos, but afterwards made a written ac-
ceptance of an order from Rodgers in
favor of another party. Court held that
that the priority on the verbal acceptance
held good against the later written one
White & Gordon for plaintiff; Sheffey II
Bumgardner for defendant.
Fencing Included in Land Damages "A
petition was filed by the Shenandoah Val
ley R'y Co.. to perpetuate the testimony
as to whether damages assessed in certain
cases, paid for and included the fencing
of the land and keeping the fencing up by
the parties receiving the damages award
ed. The petition was granted. It is the
first case of the kind since the new rail
road fence law, and affects the following
parties in Augusta-W. B. Gallagher and
wife, W. F. Smith, s. II. Hunt. M. W.
Quarles, Geo. Z. Hawpe, J. T. Maupin,
and Robt. S. McCormick's heirs, who will
have to fence their land through which
the S. V. R'y runs.
Suit for Slamder.-Sampson Pelter Us.
Henry Koiner. SIS 900 damages claimed for
SANDER. Sheffey & Bumgardner for plain
tiff, and G.. M. Cochran, J. M. Quarles
and Hudson & Patrick for defendant
Forty witnesses are summoned in this
suit and the hearing of it was co mmenced
yesterday.